LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                        February 13, 1995



 TO:     Honorable John Whitmire, Chair         IN RE:  Senate Bill No. 45
         Committee on Criminal Justice                  By:  Shapiro
         Senate
         Austin, Texas







FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
45 (Relating to an affirmative finding of sexual motivation and
to the punishment and eligibility of certain repeat sexual
offenders who victimize children for parole or release on
mandatory supervision.) this office has determined the following:

The bill would amend the Penal Code by providing for a punishment
of imprisonment for life if a defendant on trial for a first-
degree felony, the judgment for which will contain an affirmative
finding of sexual motivation, has previously been convicted of
one of various offenses involving children.  Such an offender
would not be eligible for release to mandatory supervision.

This estimate assumes that bonds would be issued from existing
authority to finance construction costs.  If no additional bonds
were issued, construction costs would be funded out of the
General Revenue Fund.

Implementation of the provisions of the bill would result in an
institutional division inmate population increase of 21 in the
year 1997 increases to 242 in the year 2000.

The probable fiscal implication of implementing the provisions of
the bill during each of the first  five years following passage
is estimated as follows:
         




        
            Fiscal       Probable        Operating Costs    Probable Cost for 
             Year   Construction Costs  Out of the General  Debt Service  out 
                       from General        Revenue Fund      of the General   
                     Obligation Bonds                         Revenue Fund    
                                                                              
          1996              $2,271,573                  $0            $100,196
          1997               4,432,505             278,002             395,906
                                                                              
          1998               3,466,429             958,185             744,318
                                                                              
          1999               3,800,758           2,027,650           1,064,866
          2000               4,019,117           3,315,647           1,409,791
                                                                              
                                                                              
                                                                              
            Fiscal     Change in    
             Year   Number of State 
                     Employees from 
                        FY 1995     
                                    
          1996                    .0
          1997                   6.0
                                    
          1998                  23.0
                                    
          1999                  47.0
          2000                  77.0
                                    
                                    
                                    

       Similar annual fiscal implications would continue as long as the
provisions of the bill are in effect.

No fiscal implication to units of local government is
anticipated.


Source:
          LBB Staff: JK, GG, RR, DF